Modernizing testamentary practices: exploring electronic wills in Kenya

Abstract

The current testamentary framework in Kenya is rooted in traditional will formats, governed primarily by the Law of Succession Act Cap. 160. Under this framework, wills can be either written or oral. While legally recognized, these formats may not fully accommodate recent technological advancements, which have transformed many aspects of personal and legal documentation. This study explores the potential for integrating electronic wills into Kenya’s legal system to align with these advancements, making the will-making process more adaptable and future-ready. Through an analysis of the legal frameworks in, England and Wales as well as United States, Nevada, this study demonstrates how digital testamentary procedures have been effectively implemented in other jurisdictions. These illustrations show how electronic wills can use technology to offer a more contemporary, adaptable estate planning choice, giving people more freedom and security to draft and administer their wills. The research suggests that incorporating electronic wills in Kenya could enhance the country’s testamentary framework, ensuring it keeps pace with global technological progress. This change would give people and legal professionals access to a more technologically advanced estate planning system that reflects recent advancements in documentation and legal practice.